Collapse to view only § 1465ff. Definitions
- § 1465aa. Findings and purposes
- § 1465bb. Television broadcasting to Cuba
- § 1465cc. Television Marti Service
- § 1465dd. Assistance from other Government agencies
- § 1465ee. Authorization of appropriations
- § 1465ff. Definitions
§ 1465aa. Findings and purposes
The Congress finds and declares that—
(1) it is the policy of the United States to support the right of the people of Cuba to seek, receive, and impart information and ideas through any media and regardless of frontiers, in accordance with article 19 of the Universal Declaration of Human Rights;
(2) consonant with this policy, television broadcasting to Cuba may be effective in furthering the open communication of accurate information and ideas to the people of Cuba and, in particular, information about Cuba;
(3) television broadcasting to Cuba, operated in a manner not inconsistent with the broad foreign policy of the United States and in accordance with high professional standards, would be in the national interest;
(4) facilities broadcasting television programming to Cuba must be operated in a manner consistent with applicable regulations of the Federal Communications Commission, and must not affect the quality of domestic broadcast transmission or reception; and
(5) that 1
1 So in original. The word “that” probably should not appear.
the Voice of America already broadcasts to Cuba information that represents America, not any single segment of American society, and includes a balanced and comprehensive projection of significant American thought and institutions, but that there is a need for television broadcasts to Cuba which provide news, commentary, and other information about events in Cuba and elsewhere to promote the cause of freedom in Cuba.(Pub. L. 101–246, title II, § 242, Feb. 16, 1990, 104 Stat. 58.)
§ 1465bb. Television broadcasting to Cuba
(a) Television broadcasting to Cuba
(b) Voice of America standards
(c) Television Marti
(d) Frequency assignment
(1) Subject to the Communications Act of 1934 [47 U.S.C. 151 et seq.], the Federal Communications Commission shall assign by order a suitable frequency to further the national interests expressed in this subchapter, except that no such assignment shall result in objectionable interference with the broadcasts of any domestic licensee.
(2) No Federal branch or agency shall compel an incumbent domestic licensee to change its frequency in order to eliminate objectionable interference caused by broadcasting of the Service.
(3) For purposes of section 305 of the Communications Act of 1934 [47 U.S.C. 305], a television broadcast station established for purposes of this subchapter shall be treated as a government station, but the Federal Communications Commission shall exercise the authority of the President under such section to assign a frequency to such station.
(e) Interference with domestic broadcasting
(1) Broadcasting by the Television Marti Service shall be conducted in accordance with such parameters as shall be prescribed by the Federal Communications Commission to preclude objectionable interference with the broadcasts of any domestic licensee. The Television Marti Service shall be governed by the same standards regarding objectionable interference as any domestic licensee. The Federal Communications Commission shall monitor the operations of television broadcasting to Cuba pursuant to subsection (f). If, on the basis of such monitoring or a complaint from any person, the Federal Communications Commission determines, in its discretion, that broadcasting by the Television Marti Service is causing objectionable interference with the transmission or reception of the broadcasts of a domestic licensee, the Federal Communications Commission shall direct the Television Marti Service to cease broadcasting and to eliminate the objectionable interference. Broadcasts by the Service shall not be resumed until the Federal Communications Commission finds that the objectionable interference has been eliminated and should not recur.
(2) The Federal Communications Commission shall take such actions as are necessary and appropriate to assist domestic licensees in overcoming the adverse effects of objectionable interference caused by broadcasting by the Television Marti Service. Such assistance may include the authorization of nondirectional increases in the effective radiated power of a domestic television station so that its coverage is equivalent to the maximum allowable for such facilities, to avoid any adverse effect on such stations of the broadcasts of the Television Marti Service.
(3) If the Federal Communications Commission directs the Television Marti Service to cease broadcasting pursuant to paragraph (1), the Commission shall, as soon as practicable, notify the appropriate committees of Congress of such action and the reasons therefor. The Federal Communications Commission shall continue to notify the appropriate committees of Congress of progress in eliminating the objectionable interference and shall assure that Congress is fully informed about the operation of the Television Marti Service.
(f) Monitoring of interference
The Federal Communications Commission shall continually monitor and periodically report to the appropriate committees of the Congress interference to domestic broadcast licensees—
(1) from the operation of Cuban television and radio stations; and
(2) from the operations of the television broadcasting to Cuba.
(g) Task force
(Pub. L. 101–246, title II, § 243, Feb. 16, 1990, 104 Stat. 59; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(1), (2), Oct. 21, 1998, 112 Stat. 2681–781.)
§ 1465cc. Television Marti Service
(a) Television Marti Service
(b) Use of existing facilities of Board
(c) Authority
(Pub. L. 101–246, title II, § 244, Feb. 16, 1990, 104 Stat. 61; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(3), (4), Oct. 21, 1998, 112 Stat. 2681–781.)
§ 1465dd. Assistance from other Government agencies
In order to assist the Broadcasting Board of Governors in carrying out the provisions of this subchapter, any agency or instrumentality of the United States may sell, loan, lease, or grant property (including interests therein) and may perform administrative and technical support and services at the request of the Board.
(Pub. L. 101–246, title II, § 246, Feb. 16, 1990, 104 Stat. 62; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1325(1), (3), Oct. 21, 1998, 112 Stat. 2681–781.)
§ 1465ee. Authorization of appropriations
(a) Authorization of appropriations
(b) Limitation
(1) Subject to paragraph (2), no funds authorized to be appropriated under subsection (a) may be obligated or expended unless the President determines and notifies the appropriate committees of Congress that the test of television broadcasting to Cuba (as authorized by title V of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100–459)) has demonstrated television broadcasting to Cuba is feasible and will not cause objectionable interference with the broadcasts of incumbent domestic licensees. The Federal Communications Commission shall furnish to the appropriate committees of Congress all interim and final reports and other appropriate documentation concerning objectionable interference from television broadcasting to Cuba to incumbent domestic licensees.
(2) Not less than 30 days before the President makes the determination under paragraph (1), the President shall submit a report to the appropriate committees of the Congress which includes the findings of the test of television broadcasting to Cuba. The period for the test of television broadcasting may be extended until—
(A) the date of the determination and notification by the President under paragraph (1), or
(B) 30 days,
whichever comes first.
(c) Availability of funds
(Pub. L. 101–246, title II, § 247, Feb. 16, 1990, 104 Stat. 62; Pub. L. 102–138, title II, § 232, Oct. 28, 1991, 105 Stat. 703.)
§ 1465ff. Definitions
As used in this subchapter—
(1) the term “licensee” has the meaning provided in section 153(c) 1
1 See References in Text note below.
of title 47;(2) the term “incumbent domestic licensee” means a licensee as provided in section 153(c) 1 of title 47 that was broadcasting a television signal as of January 1, 1989;
(3) the term “objectionable interference” shall be applied in the same manner as such term is applied under regulations of the Federal Communications Commission to other domestic broadcasters; and
(4) the term “appropriate committees of Congress” includes the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives and the Committee on Foreign Relations of the Senate.
(Pub. L. 101–246, title II, § 248, Feb. 16, 1990, 104 Stat. 62.)